Validation of European Patent in Cambodia

shutterstock_166598477Good news for the European SMEs wishing to do business in Cambodia, it’s now possible to validate European patents in Cambodia. Today’s blog post on validation of European patent in Cambodia has been kindly drafted for us by our external IPR expert Dr. Phin Sovath from Bun & Associates. In this blog post, Dr. Phin further explains the Agreement on Validation of European Patent between the Royal Government of Cambodia and the European Patent Office.


On 1st March 2018, the Agreement on Validation of European Patent (the “Validation Agreement”) enters into force in Cambodia. Henceforth, it is possible to request for validation of the European patent in Cambodia and thus obtain the same protection as national patent granted by the Ministry of Industry and Handicraft (the “MIH”).

In January 2017, the Royal Government of Cambodia and the EPO entered into Agreement on Validation of European Patent. In November 2017, the law on ratification of the Validation Agreement was promulgated. And from 1st March 2018 onward, the European patent holder may request for its validation in Cambodia through a simplified and accelerated procedure set forth in the Prakas No. 282 MIH/2017 dated 08 December 2017 of the Ministry of Industry and Handicraft (the “Prakas No.282 MIH/2017”).

In accordance with Prakas No. 282 MIH/2017, the validation procedure is applicable to both European patent and European patent application which refers to either the patent application filed with the EPO under the framework of the European Patent Convention (the “EPC”) or the international application for patent registration filed under the framework of the Patent Cooperation Treaty (the “PCT”) having designation of both the EPO and Cambodia. Moreover, the eligible European patent and European patent application will have a filing date on or after the date of entry into force of the Validation Agreement in Cambodia, i.e. 1st March 2018. Continue reading “Validation of European Patent in Cambodia” »

Design Rights Protection in South-East Asia

shutterstock_385731427In today’s blog post, we are discussing the protection of design rights in South-East Asia. You’ll learn how to protect the aesthetic aspects of your products or how to protect some aspects of your product packaging. The article also gives an overview on how to enforce your rights once an infringement has occurred.

It is essential for SMEs doing business in South-East Asia to protect their intellectual property rights, as poor IP strategy often leads to the end of business endeavor in the region. Design rights are useful, but oftentimes overlooked means of protecting IP in South-East Asia.

An industrial design right, also known as a design patent in certain jurisdictions, is an exclusive right, which protects designs which give a competitive edge to the owner over competitors due to their aesthetic appeal. Industrial designs can take the form of either two- or three-dimensional shapes, configuration or patterns. Prominent examples include the iPod, shape of the Coca Cola bottle, computer icons, and even the design of mobile applications.

To obtain industrial design protection, SMEs must file an application to register the design in all the countries they foresee business activities, since design rights like other IP rights are territorial. Like patents, protection for industrial rights lasts for a limited period and the duration can vary from country to country. Generally, protection lasts for at least 10 years. Continue reading “Design Rights Protection in South-East Asia” »

IP Protection in the Philippines for the Food and Beverage Industry

shutterstock_173260598In Today’s blog post we are taking a closer look at the IP protection in the Philippines in the food and beverage sector, which has recently also started to offer many business opportunities for European SMEs. You will learn more about how to protect your brand and your precious recipes. Besides brand protection, package design is also important in the Philippines, as consumers often make their purchasing decisions based on the attractiveness of the packaging. Finally, we’re also discussing the options for Geographical Indications’ protection.  

The Philippines’ rapidly growing food & beverage industry is one of the biggest contributors to nation’s economy making up about half of its manufacturing sector and contributing about 23-24% of the country’s GDP[1]. The Philippines is one of the Asia’s largest producers of food, with the value of food processing sector exceeding 24 billion EUR.[2] Given the Philippines’ government’s commitment to further developing the food and beverage industry as one of the priority industries and opening it further up to foreign investments, the Philippines’ F&B industry has become more attractive for European SMEs.

Propelled by increasing disposable income amongst the upper and middle classes and the proliferation of retail and shopping centers as well as by highly urbanized population, the Philippine’s domestic food and beverages market looks quite promising for the European SMEs. The Philippines’ consumers appreciate the high quality and healthy nature of European food and beverage products. As a general trend, the Philippines’ young and fast-growing consumer base is gradually becoming more health-conscious and is increasingly willing to try out new products. As the spending power of the upper-middle and middle class is increasing, there is also greater demand for imported premium products, which offers many business opportunities for the European SMEs.  Continue reading “IP Protection in the Philippines for the Food and Beverage Industry” »

Practical tips for protecting your IP in China and South-East Asia

dreamstime_m_24720610Protecting your IP is extremely important when doing business in China or in South-East Asia, as inadequate IP strategy can often lead to the end of your business endeavor in both regions,  since counterfeiting and other IP violations are still commonplace in China and South-East Asia. In today’s blog post you can find some practical tips for protecting your IP in China and in South-East Asia,  allowing you to draft a sound IP strategy for both regions.

China and the majority of South-East Asian countries have recently shown considerable efforts in creating stronger intellectual property rights (IPR) protection systems and in bringing their existing intellectual property laws in line with, or closer to, international standards. However, counterfeiting, trade mark infringements and other IPR infringements remain one of the major issues both in China and in the South-East Asian region. When European SMEs enter these markets, there are some key points they need to look out for in order to ensure their IPR is effectively protected.

IP Laws are territorial, register your IP

European SMEs should be aware that IP laws are territorial (and this applies in both South-East Asia and China), meaning that IPR are only enforceable upon valid domestic registration. SMEs planning to enter the South-East Asian and Chinese markets are faced with the question of when to register their trade mark, patents or designs. The answer is as soon as a company considers internationalizing its sales and activities, they should take steps to register their trade marks and other IP in the countries of destination. Obtaining the relevant information and taking advance action is the key to effective protection. Continue reading “Practical tips for protecting your IP in China and South-East Asia” »

IP Protection Strategies for European SMEs Active in the Philippines’ Water Management Sector

200As water management is becoming an ever more pressing issue for the Philippines, there are also more opportunities for European SMEs to find promising business opportunities in the Philippines’ water management sector, especially  as European top-notch technology is highly sought after. With every opportunity also comes a risk, especially as counterfeiting and other IP violations are still commonplace in the Philippines. In today’s blog post we are taking a closer look at how European SMEs, wishing to do business in the Philippines’  water management sector, can best protect their IP. 

For a country surrounded by the ocean, it comes as no surprise that water is a priority sector in the Philippines. A large majority of its 7,000 islands directly deals with water management challenges: while some islands have water-sources still left unexplored, others are actively searching for solutions in light of a decreased water-quality. The quality of the Pasig River flowing through Manila is notorious even for international standards, especially as progress to revive its water-quality has been slow and without considerable success. This is further enhanced in light of ongoing trends related to climate change, where a combination of rising sea-levels and an ever-present risk for natural disasters – like 2013’s Super Typhoon Haiyan – continuously shapes how people live and engage with water.

The range of solutions needed in the Philippines is not limited to just more traditional approaches of dikes or hydro-dams. Its geographical set-up in combination with local livelihoods highly dependent on water forces European companies providing water-related services to often look for case-specific and dynamic solutions. From electricity-generation, to water-sanitation, waste-water management or disaster risk reduction, this often results in a quite complex and innovative solution where European technology can play a central role. As European companies start to tap into this promising market, they should not neglect protecting their IP rights in the Philippines a good IP strategy can make the difference between succeeding or failing in the Philippines’ market, while counterfeiting and other IP violations are still relatively commonplace in the country. Continue reading “IP Protection Strategies for European SMEs Active in the Philippines’ Water Management Sector” »